Maxim 8.8.2
The antecedent has relation to that which next follows unless thereby the meaning of the sentence would be impaired.
Ad proximum antecedens fiat relatio, nisi impediatur sententia.
Source: Jenk. Cent. 180; Jackson
Difficulty 2/5 — Approachable
Explanation
A relative word or clause refers to the nearest antecedent unless that construction would produce an absurd or unintelligible result. (Duplicate maxim — see also 10.2.1.)
Where this applies
- The pronoun 'it' in the judgment — does it refer to the first thing mentioned or the second?
- An ambiguous reference in the court's ruling needs to be resolved by reading context.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 8.8.2 — The antecedent has relation to that which next follows unless thereby the meaning of the sentence would be impaired. — Jenk. Cent. 180; Jackson (Ad proximum antecedens fiat relatio, nisi impediatur sententia.)
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